When a patient visits a doctor, they expect that a doctor will be able to diagnose their condition and hopefully provide an effective treatment plan. However, there are some cases where a doctor may fail to accurately diagnose a patient, which can cause a number of medical issues for an unsuspecting patient. If you or a family member was injured because a doctor failed to diagnose an infection, you should consult with an experienced Maryland attorney for failure to diagnose.
The Law Offices of Randolph Rice recognize the medical issues that may arise from a failure to diagnose a patient, and we can help seek compensation if you were injured due to the negligence of a doctor. A patient should never have to fear that a doctor will be unable to provide them with the treatment they deserve. To schedule a free legal consultation to discuss your potential case, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also reach our firm online.
Liability for Failure to Diagnose an Infection in Maryland
A failure to diagnose medical mistake occurs when a medical practitioner incorrectly identifies a patient’s medical condition. For example, if a patient is suffering from an infection that has the potential to develop into a more serious illness, it is imperative for a doctor to identify and treat the condition. A failure to diagnose can be devastating for an ill patient as it could mean the difference between getting timely treatment or passing away from a serious infection.
After learning that they were improperly diagnosed, a patient will wonder who can be held liable for the injuries and other losses caused by the medical mistake. As you might expect, the doctor that failed to diagnose the patient could be held liable for malpractice. However, if that doctor was employed by a hospital, the hospital may also be responsible for their actions.
Under the doctrine of respondeat superior, an employer could be held vicariously liable for the actions of a negligent employee. For example, if a patient became seriously ill after a doctor misdiagnosed their infection, the doctor’s negligence may also be attributed to the hospital. In some cases, other workers employed by the hospital could also be held liable if they played a role in the misdiagnosis of a patient.
It is also important to note that a hospital may not always be responsible for the actions of a doctor. For example, if a doctor operates their own practice on property owned by a hospital, a plaintiff may only have grounds to sue the doctor’s practice. Our firm can help you determine the appropriate parties that can be held liable in a failure to diagnose lawsuit in Maryland.
Please continue reading and contact an experienced Maryland failure to diagnose lawyer to learn more about filing a lawsuit against a doctor or hospital for medical negligence.
Proving Liability for Failure to Diagnose an Infection in Maryland
A patient visiting a doctor should not have to worry that a doctor will not provide them with adequate care to treat a potentially dangerous infection. However, if your infection went undiagnosed, you could file a medical malpractice lawsuit against the doctor or hospital responsible.
In order to hold a doctor or hospital liable for failure to diagnose an infection, the patient will have to prove how the doctor acted negligently. For example, the victim will have to show that the doctor had an opportunity and sufficient information to properly diagnose the condition. Specifically, the plaintiff will have to prove how the medical practitioner behaved negligently. To prove negligence in a medical malpractice lawsuit, the plaintiff must prove the following elements:
- The doctor owed the patient a duty of care
- The doctor breached their duty of care to the patient
- The patient suffered an injury or other losses due to the doctor’s breach of duty
- The patient is able to recover compensation for their injuries in a court of law
It is important to note that a victim must first prove a doctor-patient relationship before they can sue a doctor for medical malpractice. This means that a victim must show that they received treatment from a doctor that failed to diagnose their condition. A victim cannot sue a doctor for receiving casual medical advice.
If a plaintiff is successful in litigating a medical malpractice claim, they can recover compensatory damages for their injuries and other losses. Compensatory damages can be awarded for the following:
- Loss of wages and future loss of wages
- Medical expenses related to the injury
- Pain and suffering
- Emotional distress
This is not a comprehensive list. Our firm is ready to help you seek compensation after a failure to diagnose injury. Waste no time in speaking with an experienced attorney concerning your case.
Contact Our Experienced Maryland Lawyer for Failing to Diagnose or Treat an Infection
If your doctor failed to diagnose or treat your infection, you should contact an experienced Maryland failure to diagnose lawyer to discuss your potential claim. Medical malpractice attorney Randolph Rice has worked with many victims of medical malpractice, and he would be pleased to provide you with legal representation. To schedule a free legal consultation concerning your case, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact the firm by using our online submission form.